Why “He Said, She Said” Might Be Enough: Understanding Evidence Standards
Why “He Said, She Said” Might Be Enough: Understanding Evidence Standards
Military justice operates under its own unique set of procedures and rules of evidence, yet many servicemembers facing allegations don’t fully understand how evidence works in these proceedings. If you’re currently facing accusations of sexual assault or domestic violence, understanding these concepts could be crucial to your defense.
Burden of Proof in Military Trials
In military courts, just like civilian courts, the prosecution must prove their case “beyond a reasonable doubt.” This is the highest standard of proof in our legal system. However, what constitutes “reasonable doubt” can be interpreted differently depending on the judge and panel members (the military equivalent of a jury).
The government bears the full burden of proving every element of the alleged offense. As the accused, you are presumed innocent until proven guilty and are not required to present any evidence in your defense, though strategically it’s often necessary to do so.
Testimony IS Evidence
One of the most misunderstood aspects of military trials is that testimony alone is considered evidence. Many accused servicemembers are shocked to learn that a case can proceed based primarily on the word of the alleged victim.
The law does not require physical evidence, DNA, video recordings, or other forensic evidence to secure a conviction. A witness’s testimony, if believed by the judge or panel, can be sufficient to establish guilt—even in a “he said, she said” scenario.
How Evidence is Weighed in Military Courts
Military judges and panel members evaluate both direct and circumstantial evidence:
- Direct evidence directly proves a fact. An eyewitness account or a confession are examples of direct evidence.
- Circumstantial evidence requires inference to connect it to a conclusion. Text messages that suggest a relationship was troubled, financial records, or behavior changes can all be circumstantial evidence.
In sexual assault or domestic violence cases, prosecutors often build cases using a combination of both types, with special emphasis on bolstering witness credibility.
Building a Case with Limited Evidence
When facing allegations where the primary evidence is testimony from the alleged victim, prosecutors typically employ several tactics:
They search for any circumstantial evidence that might corroborate the accuser’s story, such as:
- Text messages or social media posts
- Witness accounts of the accuser’s behavior following the alleged incident
- Medical records
- Prior statements made by either party
Prosecutors may also bring in expert witnesses to explain behaviors that might otherwise undermine the accuser’s credibility, such as delayed reporting or inconsistent statements.
The Critical Role of Defense Counsel
This is where experienced defense representation becomes crucial. A skilled civilian military defense attorney understands how to:
- Identify inconsistencies in testimony
- Challenge the reliability of circumstantial evidence
- Present alternative explanations for the evidence
- Cross-examine witnesses effectively to expose potential biases or motivations
- Educate panel members about the high standard of proof required
In military sexual assault and domestic violence cases, the minutiae matter. A civilian defense attorney who specializes in military law brings an outside perspective and dedicated focus that military-appointed counsel may not have the resources or specialization to provide.
Why Experience Makes All the Difference
At Kral Military Defense, we have dedicated our practice to defending servicemembers facing serious allegations. Our extensive experience in sexual assault and domestic violence cases has given us unique insight into how these cases are built—and how they can be effectively challenged.
We understand that your military career, freedom, and future are at stake. Unlike detailed military counsel who may be handling their first or second court-martial, our attorneys have defended hundreds of cases across all branches of service.
Don’t Face These Allegations Alone
If you’re facing allegations of sexual assault or domestic violence in a military setting, the time to secure experienced defense counsel is now—before critical mistakes are made. Evidence standards may seem straightforward, but their application in military courts requires specialized knowledge.
Contact Kral Military Defense today for a confidential consultation. Let us put our experience to work ensuring that your case receives the robust defense it deserves, challenging the government’s evidence every step of the way.
Remember: Even in “he said, she said” scenarios, the right defense strategy can make all the difference in achieving a favorable outcome.
